Judicial precedent - de facto a right source on the Eurasian space

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Purpose: To analyze practice of the actual use by judges of Russia of judicial precedent, as source of the right and introduction to a scientific turn of its more precise name as judicial and legal, or judicial and normative precedent. Methodology: Historical and legal and formally legal methods were used. Results: In article the right sources applied in the Romano-German legal family are allocated, legal positions of the modern lawyers-theorists concerning recognition, or refusaling of the actual application of judicial and legal (judicial and normative) precedent in jurisprudence of the Russian legal system are analyzed. Some resolutions of Presidium of the Supreme Court of the Russian Federation in which the unique position about obligation of implementation of resolutions of Plenums of the Supreme Court of the Russian Federation for uniform interpretation and application of rules of law is looked through are analyzed. It is offered to recognize (to fix) judicial and legal (judicial and normative) precedent as an official source of Russian law that will allow legally courts to refer to recommendations and interpretation of rules of law by the highest judicial authority and to provide their uniform application in jurisprudence over all country, irrespective of jurisdiction of courts. Novelty/originality/value: Article possesses the high scientific value as in it the term judicial and legal (judicial and normative) precedent is introduced into scientific circulation and it is offered to fix it in daily practice of courts of Russia an official source of the right.

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Короткий адрес: https://sciup.org/14027837

IDR: 14027837

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